Pre-Nuptial Agreements
A necessary precaution
A prenuptial agreement is a binding legal contract between two people who intend to marry. It is designed to protect their assets in the event of divorce. Prenuptial agreements are most common in situations where one individual has greater assets or earning capacity than the other individual. However, such agreements actually protect both individuals by clearly defining intentions and assets at the start of a marriage.
Prenuptial agreements are often quite complicated, especially when one or both parties have complex assets and holdings or inherited money. You need skillful legal guidance when assets such as a business, rental properties, and stock options come into play. This is especially true for parties who are in business together or share other financial obligations.
Plasencia & Associates has the legal knowledge you need
In short, a prenuptial agreement must be carefully crafted by an experienced attorney like those at Plasencia & Associates to address issues such as:
Property ownership
- Property division
- Sharing of expenses during the marriage
- Alimony in the event of separation or divorce
- Many other legal issues which must be determined in the unfortunate circumstance of divorce
Prenuptial agreements are a particularly beneficial precaution in second marriages that involve older, financially established couples. In these cases, such agreements are appropriate for those who:
- Are financially independent
- Have significant retirement savings
- Wish to protect family assets such as heirlooms
- Have children from previous marriages
Carefully crafted agreements
In Florida, where so many elderly residents remarry upon the death of a spouse, prenuptial agreements are increasingly common. However, you should never use the simple forms available on-line or in business supply stores for your prenuptial agreement. Such "boilerplate" legal documents almost always create more confusion and litigation than they resolve.
Instead, you need to craft a secure pre-nuptial agreement that protects your complex assets and prevents any future legal conflicts. Contact an experienced family law attorney at Plasencia & Associates to design a prenuptial agreement that is customized to meet your unique needs.
